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HomeMy WebLinkAbout04-2291 F:\FiLESIDATAFiLE\Dickinsotl College 7619lDickinsonCoUegeCollections7619C\CUlTent\253-comi ,wpdllcl Created 3117/039:25:57PM Revised:51I2/041l:9:25AM 7619c,253 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WELLINGTON SUMPTER & SYLVIA C. SUMPTER, HIW, and NECHELLE C, COLEMAN, NO, t:? 1./ - ~,J...q I CIVIL ACTION-LAW Defendants JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: May 20, 2004 LIAMS & OTTO DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, WELLINGTON SUMPTER & SYLVIA C. SUMPTER, H/W, and NECHELLE C, COLEMAN, NO. 0 L/ ~ )...l.q I CNIL ACTION-LAW Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013, 2, Defendants, Wellington and Sylvia C, Sumpter, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of214 Timber Lane, Grasonville, Maryland 21638. 3, Defendant, Nechelle C, Coleman, (hereinafter "Student"), is an adult individual with a last known address of214 Timber Lane, Grasonville, Maryland 21638, 4, On or about July 28, 1993, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of$4,000,OO, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 5, On or about May 27, 1994, Parents and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $3,750,00, plus interest, for educational services and benefits to Student at Plaintiff's institution, A copy of Note #2 is attached hereto as Exhibit "B." 6, The collective principal balance for Note #1 and Note #2 is $7,750,00, 7. Note #1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,162,50, 8, As of April 15, 2004, the principal and interest due and payable by Parents and Student to Plaintiff was $4,631,53, plus interest in the amount of$,54 per day from April 15, 2004, 9. Parents and Student stopped making monthly payments on Note #1 on or about October 31, 200 I and Note #2 on or about May 31, 200 I. 10, The outstanding balance of$4,631,53, as of April 15, 2004, represented the total and actual overdue value of the financing provided to Parents and Student under Note # I and Note #2 for which they have yet to pay. II. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2, COUNT I BREACH OF CONTRACT Dickinson Collel!e v. WeIlinl!ton and Sylvia C. Sumpter & Nechelle C. Coleman 12, Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 11 of this Complaint. 13. Parents and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein, WHEREFORE, Plaintiff demands judgment against Defendants, Wellington and Sylvia C, Sumpter, and Nechelle C, Coleman, in the amount of$4,63I.53, plus interest in the amount of$.54 per day from April 15, 2004, collection and attorneys' fees in the amount of$I,162,50 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson Collel!e v. Nechelle C. Coleman 14, Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15, Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money, 16, Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17, The total amount by which Student has become enriched is $4,631,53, plus interest in the amount of $.54 per day from April15, 2004, WHEREFORE, Plaintiff demands judgment against Defendant, Nechelle C, Coleman, in the amount of$4,631.53, plus interest in the amount of$,54 per day from April 15, 2004, collection and attorneys' fees in the amount of $1,162,50 and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO By { ~ David R. Galloway LD, No, 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: May 20, 2004 DICXINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT ,A'J' Ul - 1.-,./ l- ' Date July 28, 1993 1. seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Wellin9ton and Sylvia C. Sumpter 6729 Brookmont Drive Buyer(s): B~ltimnrp, Mn ?1?n7 If there is more than one Buyer, each of you will be-obligated, jointly and severally, for all Bums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred fa; goods and services to be provided and rendered, as the case may be, to Necnerle C. Coleman (hereinafter "student") during his/her enrollment at Dickinson College during the 19:t?-91 academic year, including tuition, room and board, books and supplies as herein state (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:. Cost of credit as yearly rate FINANCE CflARGE: Dollar amount credit will cost Buyer AMOUNT FINANCED: Amount pf credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments 7.00 , S 1,822.72 S 4,000.00 s 5,822.72 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of S 17,360.00 s 21,360.00 Rev 2/92 EXHIBrIiT "A" Number of payments 128 *Variable Rate: Late Charge: Prepayment: Buyer's payment schedule will be as follows: Amount of payments When Payments are Due $45.49 Monthly commencing until 5/28/04 8/28/93 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1\. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 4 000.00 at 7.00 \ per annum for 128 months, and the prime rate 'plus 1\ were increased to 8.00 \, your-regular monthly payments would increase to $ 47.63 Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18\ or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5\ of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED l- Cash price of Goods and Services: $ 21,360.00 2. Total down payment: 17,360.00 3. Unpaid balance of cash price (1 - 2): 4,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 4,000.00 IV, CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the fOllowing: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all Bums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW, This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES walCH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY aLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIV.ING A COMPLETED COPY.;{;F. HIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY. IrS TERMS'~ BUYER ( S) : ;;() /~ .;tx-(- ,r6~ ~fy(.4. j' f~) ".0 .T . /11""-"-- i! . j_ lA~~\) J I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: I (. I). i4i~j '(;Jj{ ( I e.-:t-! fJ1~ 1-- STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAJI PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE ., , 7,. ~ - 0) BY e>>,:JJL~ .. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT __' '0 if - [ ;)... Date May 27, 1994 1. Seller: Oickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Wellington and Sylvia C. Sumpter 6729 Brookmont Drive Baltimore MD 21207 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract a Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to N~chellp r r.olem~n (hereinafter "Student") during his/her enrollment at Dickinson College during the 1qJ3-q4 academic year, including tuition, room and board, books and supplies as herein state (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of S 18,840.00 7.00 % $ 1,474.92 S 3,750.00 $ 5,224.92 $ 22,590.00 Rev 2/92 EXHIBIT "E" Number of Payments 120 .Variable Rate: Late Charge: Prepayment: Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $43.54 Monthly commencing until 5/28/04 6/28/94 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ ~ 7~n.nn at 7.00 % per annum for ~ months, and the prime rate:plus i% were increased to 8.00 %, your regular monthly payments would ~ncrease to $ 45.52 . Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 22,590.00 2. Total down payment: 18,840.00 3. Unpaid balance of cash price (1 - 2): 3,750.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4) : $ 3,750.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date_ Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, Dr, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Serviee of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth abo1re. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE (StRE. C. EIV. ING A COlU'LETEDZO, -;'F THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS, TERM~. (/ . BUYER(S): ,i!L~~~1~"Y'yi :;q. ./ fij'(,LLk. . ~ /-A~'''f'tuv I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)jBUYER(S) FAILS TO DO SO IN ACCORDANCE WITH T~ TERMS OF THE NOTE: Va;./I "}; STUDENT COSIGNER UeO/..fJ& {! Cttl;:1Lt1^---- TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE S'-JB"q'-( BY ?J:h,~ '(,-"-. 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certif'y that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief, To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification, This statement and Verification are made subject to the penalties of 18 Pa, C,S, ~ 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties, Dickinson College ~ Thomas Meyer Assistant Treasurer of Dickinson College Dated: May 20, 2004 F: IFJLESIDA T AFILEIDickinson College 76] 9\Dickins'lrICollegeCollections7619C\Current\253_com] ,wpd i' FIFlLE5\DA T AFlLB\D""'"'O" Co"'" ?619\Di,,,",o"Collog,Coll,,,'om 1619C1C,,","'\253. p" l/!d' Created, 6/7/04 8:57AM Revised: 617104 ll:02AM 76\9c.253 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA NO. 04-02291 v. CIVIL ACTlON-LAW WELLINGTON SUMPTER & SYLVIA C, SUMPTER, HfW, and NECHELLE C, COLEMAN, JURY TRIAL OF TWELVE DEMANDED Defendants I hereby certify that a copy of the Complaint was mailed to Sylvia C, Sumpter on May 24, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated May 28, 2004, and a copy of the receipt showing the cost of service was $8,38, PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE Attorneys for plaintiff Date: June 7, 2004 - -._--_._-'---~-- --~ Postage $ "" Certified Fee CI CI Return RecJept Fee CI (Endorsement Required) CI Restricted Delivery Fee "" (Endorsement Required) CI "" Total Postage & Fees $ ", CI to{YU CI ,.... !li,;;;;C4PiNiii""'" or PO Box No. Y. Ci6-;S1Si.;Zi,;;;;' j ~ 1;"'"whaa'''Uko CERTIFICATE OF SERVICE I, T"'i.D. &k~ro"', ~ "'",0",'" _ fo, -ron D'onJo'ffWilIi_ & Otto, h,reby ''''iI;. "" , ~py ofili, 'o"go,", Pmocip, '0 Do""m",, S~i" ~, C~, ofS,,,,,,, """'""" '0 <h, P'o~yl,oni, Lons Ann ""'" w," ,~'" ",i, '''' by 'opo,!tins "",,, in "" p~, Om" " Carlisle, P A, first class mail, postage prepaid, addressed as folJows: Ms. Sylvia Sumpter 214 Timber Lane GrasonVilJe, MD 21638 MARTS ON DEARDORFF WILLIAMS & OTTO , ~ . ~)~ ' .., t1Z cia D. Eckenroad 'I Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 7, 2004 I ..-- c ? r-' = = ...- ,- C", o -n --I :r=-n l ,1r~ -all' ?~.y I'I~() ...,-,', -'1 t) (r1 -0 :;;; ...:. =~ r:-? en CJ FIFILESIDAT AFlLElDickinson College 7619\DickinsonCoJlegeColJections7619CICl.llTentl253acclldTg Created: 6124/039:57AM Revised: 9/3/042:17PM 7619c.253 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 04-0229] WELLINGTON SUMPTER & SYLVIA C, SUMPTER, H/W, and NECHELLE C. COLEMAN, CNIL ACTION-LAW Defendants JURY TRIAL OF TWELVE DEMANDED ACCEPTANCE OF SERVICE I, Harold S, hwin, III, Esquire, accept service of the Complaint on behalf of Wellington Sumpter and NecheIle C, Coleman and certify that I am authorized to do so, (d/~~c7 Dated: September 9, 2004 Harold S, hwin, III, Esquire " CERTIFICATE OF SERVICE I, Ashlee N, Davis, an authorized agent of Marts on DeardlorffWilliams & Otto, hereby certify that a copy of the foregoing Acceptance of Service was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Irwin Law Office Harold S. Irwin, ill 64 South Pitt Street Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO By ObvtLu N D~ Ashlee N. Davis 10 East High Street Carlisle, P A 17013 (717) 243-3341 Dated: 9/15/04 Cl f~~ L_ , "" C..-:':I C;,;:'t ..c-- (n r'l: --i;) I:) -,1 C:"l ~; _.,,~ (.,) '::'10 (.J! F:IFlLES\DA T AF1LE\Didin.wnCollege76 t 9\Col1ections\CUlTt'm\2S3.stipl inlm Created: 10/4/04 0:51PM Revised: 1113/054:14PM 76\9C253 David R, Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2291 CIVIL ACTION - LAW WELLINGTON SUMPTER & SYLVIA C, SUMPTER, h/w AND NECHELLE C. COLEMAN, Defendant JURY TRIAL DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendants Wellington Sumpter, Sylvia C, Sumpter and Nechelle C, Coleman, who stipulate and agree 8.S follows: 1. Pa, R.c.p, 1037 (c) provides that in all cases, the Court, on motion ofa party, may enter an appropriate judgment against a party upon admission, 2, Defendants Wellington Sumpter, Sylvia C, Sumpter and Nechelle C. Coleman agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $5,829.98 plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint. 3. The parties agree that the Court, upon motion (If Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceeding3 or ~ ( .L--= _ By Harold S, Irwin, Esq ire Attorney I.D. No, IRWIN LAW OFFICE 64 S, Pitt St. Carlisle, PA 17013 (717)243-6090 Attorney for Defendants By David R. Galloway, squire Attorney I.D, No. 87326 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243..3341 Attorney IDr Plaintiff Date: 4* Date: , In I (:lr:--' CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marls on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Stipulation and Agreement for Entry of Judgment was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Harold S, Irwin, Esquire IRWIN LAW OFFICE 64 S. Pitt Street Carlisle, PAl 70 13 MARTSONDE~/S & OTTO Bt ~---" / O-~J L Je aylor I I Te ast High Street Car sle, PA 17013 (717) 243-3341 Date: January 27,2005 ?:::J () ~ f'J C) '1 \';.:::) c~',~ ""r'\ C,'-' it () <..- .-.\ ::r:'.-"" \) ::,': InrL'~ .- :?8 -- r~.) f" J::: ;y ....J i'"?\C,) 'f"-\' 8 <e< r- -,,' ::-:t"{\ ( ~ . -~;) r f'\ <..- .c': ~: :A -4J <:,;; ----r- -< CJ .-< F: IFlLESIDA T AFILE\DickinsonCoIIege7619lCollectionslCllITentl253 order Created, 1/13105 4:28PM Revised: 1/27/059:54AM 7619C253 .IMJ 2E L. yI ^y David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 04-2291 CIVIL ACTION - LAW WELLINGTON SUMPTER & SYLVIA C. SUMPTER, h/w AND NECHELLE C. COLEMAN, Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this M day of F...J" . , 2005, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff Dickinson College and against Defendants Wellington Sumpter, Sylvia C, Sumpter and Nechelle C. Coleman in the amount of $5,829.98 plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint. Prothonotary is directed to enter and index this judgment accordingly, BY THE COURT, ,1. f:\FIlES\DAT AfllE\DickinsonCollege7619ICollectionsICulTentI15Jsti9\!r.lm Created 1014/04 0:51PM Revised: 1I131054',14I'M 7619C253 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v, NO, 04-2291 CIVIL ACTION - LAW WELLINGTON SUMPTER & SYLVIA C. SUMPTER, h/w AND NECHELLE C. COLEMAN, Defendant JURY TRIAL DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendants Wellington Sumpter, Sylvia C. Sumpter and Nechelle C. Coleman, who stipulate and agree as follows: 1. Pa, R. C,P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission, 2, Defendants Wellington Sumpter, Sylvia C, Sumpter and Nechelle C. Coleman agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $5,829.98 plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceeding:; or Date: , 1t71()~ By David R. Galloway, squire Attorney LD. No. 87326 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: ~( I 8 ( 0 ( By Harold S, Irwin, Esq ire Attorney I.D, No. IRWIN LAW OFFICE 64 S, Pitt St, Carlisle, PA 17013 (717)243-6090 Attorney for Defendants CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation and Agreement for Entry of Judgment was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, Esquire IRWIN LAW OFFICE 64 S. Pitt Street Carlisle, PA 17013 MARTSON DEARDORFF W~MS & OTTO ~ ~ aylor Te ast High Street Car sle, PA 17013 (717) 243-3341 Date: January 27,2005 ~ .. I' f'ILES',OAT.-\FI 1.1 1)1c-~ 11:_'l"'l',,:;,,~,>7(, I ')\CO;I~~II0I1S\.-\r,:hjn'\:5_~\pra I nhn Ide Crt.ll<'d: l\L\,ll.. ,1 ~',\'\I Rc>vl.,~,J 5,-:5 '(1(, :'.:1'\1 ~,'I'iC :5.' Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D, 90916 10 East High Street Carlisle, PA 17013 (717) 243-334l Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. WELLINGTON SUMPTER & SYLVIA C. SUMPTER, h!w AND NECHELLE C. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2291 CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the j Lldgment in the above-captioned case satisfied and issue a certificate reflecting the same. Date: May 25, 2006 MARTS ON DEARDORFF WILLIAMS & OTTO BY~../...-L ?, r( Christopher E. Rice, Esquire 10 E. High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Marlson Deardorff Williams & Otto, hereby certifY that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle. P A, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Wellington Sumpter 214 Timber Lane Grasonville, MD 21638 MARTSON DEARDORFF WILLIAMS & OTTO '/1 - y { T' aD, Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 25, 2006 . '" (') ,..." c: = ~ = < 0-0 ...,.., .~.".. r.."=',(U ~ :r - -!) (T :v.-- -, m:!J (/, r- N ,,1'11 c'~ l U1 ::DQ :'1 ' ):,. -0 .::jO '0'- ~ "- ;.:=--=+t ~~~ :x .-\:, ::::" .I;:- an1 :( C> ~ .1J -.J -<